Articles for Mediators

The Sagas of Mr. & Ms. Nasty and Mr. & Ms. Nice

By Larry Gaughan | Clients who get loud and nasty during mediation may nevertheless reach a fair settlement. Nice clients may not. Conflict resolution models help clarify what is happening.
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Should We Mediate Restraining Orders?

By Bill Eddy | Negotiating restraining orders in mediation might be letting aggressors bully victims into canceling protective orders. Are there exceptions?
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Self-Determination and Standards of Practice

By Larry Gaughan | Ethical Standards of Practice based on definitions of “self-determination” must take into account the full complexity of the issues involved.
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Mediation and Our Spiritual Journeys in a Material World

By Larry Gaughan | Even during divorce, perhaps the best way to describe our paths through life is that we are each on a spiritual journey. Mediators can help people refocus on their new spiritual journeys through the material world of present family finances and future security.
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Do Retired Judges Really Mediate?

By Larry Gaughan | Many retired judges call the process they use mediation, but a good look at what they do shows that it has almost all of the characteristics of the adversarial litigation system. One basic principle of every set of mediator ethics is that mediation not be coercive. When there are very long meetings (sometimes past midnight), often with a trial date close at hand, and with the expectation that an agreement or order must be signed before anyone leaves, the parties are likely to feel coerced.
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Divorce Mediation: A House Divided (Part II)

By Lenard Marlow | Mediators need to make sure that they are not giving legal advice, holding themselves out as lawyers, or practicing law in any manner. Some nevertheless say that it is OK for mediators who are not lawyers to write divorce settlement agreements.
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Divorce Mediation: A House Divided (Part I)

By Lenard Marlow | For family mediation to become recognized as a profession, one path is certification. But should that be rooted in law, in mental health work, or elsewhere?
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Why Divorce Does Not Belong in the Court System

By Steve Erickson | Mediators, frustrated judges, attorneys, therapists, clergy and the husbands and wives who use the inherently adversarial court system for divorce must band together to create change.
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You may have interest in prior editions of APFM’s newsletter, The Professional Family Mediator.

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